Category Archives: 3 Hearings

Social Security hearings before the Administrative Law Judge

If I have a lawyer, why am I doing all the talking?

The one thing people are most surprised about when they go to a hearing is that the lawyer does not do all of the talking. In fact, it is the claimant (aka “you”) who has to answer the Judge’s questions.  I … Continue reading

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Social Security hearings in jail or prison

The second part of Gordon Gates’ article on whether you can receive Social Security disability benefits while incarcerated, talks about hearings in prison.   The problem – incarcerated claimants often do not get treatment from physicians who are very interested in filling … Continue reading

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Where do vocational experts get their information?

I was recently asked where Vocational Experts get their information from? There a number of sources Vocational Experts use: The Dictionary of Occupational Titles Selected Characteristics of Occupations Job surveys performed by the Vocational Expert Services Vocational Experts sign up … Continue reading

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Vocational Expert Voodoo

I was recently asked the following: I had my hearing today. The judge had a vocational rep come in to testify. He said I had two job options. … I live in a small town that probably does not offer the … Continue reading

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Podcast: Part 2 of Social Security Tips With Jonathan Ginsberg

Here is part 2 of my discussion with attorney Jonathan Ginsberg as part of his SSDRadio podcast. In case you missed it, here is part 1.

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What does the “vocational expert” do at a Social Security hearing?

Under Social Security regulations, it is not enough to have a disability (a diagnosed medical condition). Your condition has to be severe enough to be prevent you from being able to engage in a “substantial gainful activity;” typically full time, … Continue reading

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Hearing tip: be specific or be denied!

Be specific when answering the judge’s questions at your Social Security hearing. Avoid answering a question with, “occasionally,” “sometimes” or “every once in a while.”  This is not specific enough.   To you, “occasionally” may mean “every other day,” but the … Continue reading

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Hearing tip: stay positive! Your attitude matters!

I am going to let you in on a secret. In my years helping people with Social Security disability cases in Colorado, I have seen time and again: Judges respond to a positive attitude.   Here are some questions I have heard … Continue reading

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Hearing tip: keep a journal of rest breaks

Here is a useful exercise you can do to prepare for your hearing:  keep a journal of everything you do from the moment you wake up to the moment you go to sleep, including every time you take a break.   … Continue reading

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Podcast: Tips on Social Security With Jonathan Ginsberg

I had a great discussion about the Social Security system and preparing for hearings with attorney Jonathan Ginsberg as part of his SSDRadio podcast. Here is part 1.

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What if the Judge wants me to change the date my disability began?

Nate Craig of Truth of the Matter Asserted has a great article about what it means if a judge wants you to change the date you became disabled, or in Social Security parlance “amend your alleged onset date (AOD).” Often, … Continue reading

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Plan to expand video hearings – but can lawyers be trusted?

Charles T. Halls’ Social Security News blog ran an interesting article about Social Security’s plan to expand the video hearing system.  Currently, video hearings take place with the claimant and their attorney (if they have one) at one ODAR (Office of Disability … Continue reading

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Hearing tip: don’t be browbeaten by the judge

You are finally at your hearing.  The judge, wearing black robes, turns to you and asks: “You last worked in 2003, right?” It’s the “Dirty Harry” moment! You try to remember.   Was it 2003?  Maybe it was 2004?  Or … Continue reading

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What to wear to your hearing? Comfort rules!

Your hearing has finally been scheduled?  Wonderful!  What will you wear? Does this seem an odd thing to ask?  After a ridiculously long wait, you finally get your chance to present your case to a judge.  There is a lot … Continue reading

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How long does It take to get a Social Security hearing?

In my experience with Colorado Social Security cases, hearings are usually scheduled approximately 12-14 months after the appeal is filed.   That is the most common time frame that I see for having a hearing scheduled. However,  I occasionally see cases … Continue reading

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